LeapFrog Academy Subscription Terms of Use

Effective: October 16, 2018

This is a legal agreement (“Agreement”) between you and LeapFrog Enterprises, Inc. (“LeapFrog”). LeapFrog is offering a subscription service that provides subscribers with access to LeapFrog Academy™ content for use on certain compatible devices (the “Subscription Service” or “Service”). You must be at least 18 years of age to purchase the Subscription Service. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SUBSCRIPTION SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SUBSCRIPTION SERVICE. BY ACCESSING, USING OR ORDERING THE SUBSCRIPTION SERVICES YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND, AGREE AND CONSENT TO ALL TERMS CONTAINED THEREIN.

If you agree to be bound by all the terms and conditions below, click the “Submit” button. By clicking “Submit,” you are agreeing on your own behalf and/or on behalf of your dependents to the terms and conditions stated below. If you cannot agree to the terms of this Agreement, do not click “Submit,” and you will not be permitted to use the Subscription Service.

LeapFrog may change the terms of the Agreement at any time by posting the amended Agreement to LeapFrog Website Terms of Use. You should check the LeapFrog website from time to time to review the current Agreement as it is binding on you. Your continued use of the Subscription Service will constitute your acceptance of the amended Agreement.

LeapFrog Website Terms of Use and Software License Agreement

You acknowledge and agree that you and LeapFrog are parties to LeapFrog’s standard Website Terms of Use (the “Terms”), which sets forth the terms and conditions for your use of the LeapFrog Services. The Subscription Service will be considered a “LeapFrog Service” for purposes of the Terms, and you agree to comply with the Terms, as well as all other agreements, policies, rules and guidelines incorporated therein, each of which is incorporated into this Agreement. For the avoidance of doubt, this includes, but is not limited to the LeapFrog Software License Agreement and the LeapFrog Privacy Policy. Certain provisions of agreements incorporated herein are repeated herein, but do not negate your obligation to read and abide them. In the event of any conflict between the provisions of this Agreement and the provisions of any other agreement between you and LeapFrog, the provisions of this Agreement will control, but only with respect to the Subscription Service.

Nature of the Subscription Service

You understand and acknowledge that:

LeapFrog reserves the right, in its sole discretion, to make changes to the Subscription Service from time to time or withdraw or discontinue the Subscription service without prior notice;

LeapFrog may continually test various aspects of the Subscription Service, including service levels, plans, promotional features, availability of content, delivery and pricing. The provision of a particular subscription, plan, package, offer, or promotion in one instance does not entitle anyone else to such arrangement in the future under similar or different circumstances;

In LeapFrog’s sole discretion, the subscription fees for the Subscription Service may vary among subscribers (with LeapFrog expressly reserving the right to provide the Subscription Service to other subscribers at no cost) and, upon prior notice as required by applicable law, increase such fees at any time;

Access to the Subscription Service will end upon cancellation or termination of the Subscription Service; and

Wi-Fi connection is required to access the Subscription Service.

Without limiting the foregoing, LeapFrog will not be liable to you or any third party for any modification or cessation of the Subscription Service or modification to fees or other charges for the Subscription Service.

Subscription Service Details

1. Billing; Recurrence; Start Date

By providing a credit card or using another payment method accepted by LeapFrog (“Payment Method”) for your subscription to LeapFrog Academy, you are expressly agreeing that we are authorized to charge you a subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Subscription Service to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging on to leapfrog.com and clicking the “LeapFrog Academy Subscription” link on the “My Account” page. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.

When you provide a credit card to access the Subscription Service, including in connection with a trial period offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. In some instances, your credit limit or balance may reflect the authorization hold during your free trial period. If your credit card expires and you do not edit your Payment Method information or cancel your subscription, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period (“Subscription Term”), and again after any subsequent Subscription Term, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree your subscription will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log on to leapfrog.com and click the “LeapFrog Academy Subscription” link on the “My Account” page, and follow the instructions there. If you cancel your subscription, you may use your subscription until the end of your then-current Subscription Term; your subscription will not be renewed after your then-current Subscription Term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current Subscription Term. By subscribing, you authorize LeapFrog to charge your Payment Method now and again at the beginning of any subsequent Subscription Term.

The applicable subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier (“Subscription Start Date”), and on each renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to this Agreement. In the event the Subscription Start Date is a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28.

2. Fees and Credits

As used throughout this Agreement, “billing the applicable subscription fee” shall indicate a charge or debit, as applicable, against your Payment Method for the subscription fee as stated at the time of purchase (which may be adjusted by LeapFrog pursuant to this Agreement) plus any applicable taxes. LeapFrog may change the subscription fee or other charges for the Subscription Service from time to time. If LeapFrog increases the subscription fee or other charges for the Subscription Service, we will give you advance notice of these changes by email and you authorize LeapFrog to charge you the increased fee or charge unless you cancel the Subscription Service within the time frame provided in such email. However, we may not notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where LeapFrog determines it is appropriate (e.g., the Subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at LeapFrog’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

We reserve the right to pursue any amounts you fail to pay in connection with the Subscription Service. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

3. Subscription Upgrades and Downgrades

If you wish to upgrade your Subscription Service to one with a longer Subscription Term, your current subscription will continue until the end of that Subscription Term, at which point the upgraded Subscription Term will begin, and you will then be billed for the upgraded Subscription Service. For example, if you have a monthly subscription and are billed the first of each month, and you upgrade to a six-month Subscription Term on the fifteenth of a given month, your current monthly Subscription Term will continue through the end of that month, and you will be billed the first of the following month for the upgraded Subscription Service, unless you cancel your subscription entirely.

If you wish to downgrade your Subscription Service to one with a shorter Subscription Term, you may cancel your current subscription and sign up again for the Subscription Service of your choice. When you cancel your subscription, you will continue to have access to your current Subscription Service until the end of that Subscription Term, at which time the new Subscription Term and billing cycle will begin.

4. Free Trial Periods

If your subscription includes a free trial period, we will automatically bill your Payment Method for the initial subscription fee on the Subscription Start Date unless you cancel prior to 11:45 p.m. Pacific Time on the last day of your trial period. LeapFrog may not provide notice that your trial period is ending. However, you may view the specific details of your Subscription Service, including your free trial period end date by clicking “LeapFrog Academy Subscription” on the “My Account” page at leapfrog.com.

5. Communication and Feedback

For purposes of communicating with LeapFrog about the Subscription Service, you agree to provide an accurate mailing address, email address, and telephone number, and you acknowledge and agree that LeapFrog may communicate with you to the extent consistent with applicable law for purposes of understanding the quality and usability of the services and related marketplace considerations, as well as soliciting Feedback from you regarding the Subscription Service.

6. Cancellation

You may cancel your subscription at any time by 1) logging on to leapfrog.com/academy and clicking the “LeapFrog Academy Subscription” link on the “My Account” page, 2) send an email to support@leapfrog.com with topic “LeapFrog Academy-Cancel subscription”, or 3) call to: (US and Canada) 1-800-701-5327; (UK) +44(0)1702 200 244; (AU) +61 3 8658 8851 for enquiry. You must cancel your subscription before it renews each Subscription Term to avoid the next billing cycle. LeapFrog will not prorate, credit, or provide partial payments for Subscription Services cancelled before the end of the Subscription Term in which you cancel.

Additional Provisions

DISCLAIMER OF WARRANTIES: THE SUBSCRIPTION SERVICE, INCLUDING RELATED CONTENT AND SOFTWARE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LEAPFROG DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

Severability: If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

Survival: The provisions of the Agreement, which by their nature should survive the expiration or termination of the Agreement, including without limitation the section on “Nature of Subscription Service,” shall survive such expiration or termination.

Waiver: No waiver of any provision of the Agreement by LeapFrog shall be deemed a further or continuing waiver of such provision or any other provision. LeapFrog’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

Applicable Law: The Courts in some countries will not apply California law to some types of disputes. If you reside in the country where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, all disputes arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, U.S.A. unless the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A.

Questions/Comments/Concerns: If you have any questions, comments, or concerns about the Agreement, the Subscription Service or our products, in general, email support@leapfrog.com.